Marc Jacobs’ Resort Collection 2017 was overflowing with the 80s inspired looks that made us feel nostalgic for MTV’s earlier days. The collection also included the popular trend of oversized jackets with enamel pins and patches. The Resort 2017 collection featured enamel pins and embroidered patches on everything from jackets and jeans to bags and shoes, as well as offering standalone pins and patches to allow customers to customize their own apparel and accessories. Marc Jacobs also extended the pin and patch theme to jewelry, releasing several bejeweled luxury versions of enamel pins recast as earrings and brooches.
On Tuesday, November 7th, artists Laser Kitten, LLC, Katie Thierjung, and Wildflower + Co., Inc. filed a lawsuit because the brand’s collection was not “original.”
Laser Kitten, LLC (“Laser Kitten”), Katie Thierjung, and Wildflower + Co., Inc. argue that some of the pins and patches used were not original: a number of the featured pins and patches were flagrant, unlawful copies of the popular original pins and patches. Marc Jacobs sold unlawful copies of the pins and patches as standalone products, sold versions of enamel pins in the form of earrings and other luxury jewelry items, and sold a range of clothing, accessories, bags, and other items that featured the Infringing Pins and Patches through its website and in its retail locations throughout the United States and the world. Allegedly, Marc Jacobs also marketed and sold the products through Amazon, Barney’s, Bloomingdale’s, Neiman Marcus, Nordstrom, Saks, Lord & Taylor, and Zappos despite it being protected by copyright law.
Laser Kitten, LLC (“Laser Kitten”), Katie Thierjung, and Wildflower + Co., Inc. are seeking monetary damages of “$25,000 per violation” and are requesting any profits that the brand has earned from deliberately selling the infringing products. They’re also pursuing injunctive relief so that the brand can no longer market or sell the infringed products.